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Vervreemdingsverbod

English translation: share transfer restriction


GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:vervreemdingsverbod (aandelen)
English translation:share transfer restriction
Entered by: Chris Hopley
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12:42 Nov 1, 2009Login or register (free) for more options.
Dutch to English translations [PRO]
Finance (general)
Dutch term or phrase: Vervreemdingsverbod
"Op de aandelen rust, afhankelijk van de participatieregeling, een vervreemdingsverbod voor een bepaalde periode. Na afloop van het vervreemdingsverbod kun je de aandelen verkopen."


From a text about employee share purchase plans (UK English). Online I have found "Alienation Prohibition" and Prohibition against alienation." I'm not happy with either of those. I would think the idea is a ban or prohibition against transfer or sale of shares. What would be technical financial term for this in this context? Thanks.
Suzan Hamer
Netherlands
Local time: 09:35
share transfer restriction
Explanation:
In UK English, one normally speaks of the transfer of shares, rather than the alienation of shares.

-> "Save for a listed company, a company's Articles of Association may restrict the right of a member to transfer his shares and may require him, in specified circumstances, to offer his shares for sale. Normally, such provisions would prohibit him from transferring his shares to an outsider at a given price unless existing members have been given an opportunity to purchase the shares at the same price and such remaining members have refused to purchase the shares. Where a company's Articles contain such a provision either the procedure laid down must be followed or a Special Resolution passed by the members relaxing the pre-emption provisions in respect of a specific transfer(s). ... The transferor is deemed to remain the holder of the shares until the name of the transferee is entered in the Register of Members."
http://www.companyregistrations.co.uk/transfer-of-shares.asp
Selected response from:

Chris Hopley
Netherlands
Local time: 09:35
Grading comment
Thanks, Chris. Your answer confirms my own inclination, and so far, I've heard nothing to the contrary from the client.
4 KudoZ points were awarded for this answer



Summary of answers provided
4share transfer restriction
Chris Hopley
4 -1alienation prohibition
Textpertise


Discussion entries: 5





  

Answers


1 day20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
vervreemdingsverbod
share transfer restriction


Explanation:
In UK English, one normally speaks of the transfer of shares, rather than the alienation of shares.

-> "Save for a listed company, a company's Articles of Association may restrict the right of a member to transfer his shares and may require him, in specified circumstances, to offer his shares for sale. Normally, such provisions would prohibit him from transferring his shares to an outsider at a given price unless existing members have been given an opportunity to purchase the shares at the same price and such remaining members have refused to purchase the shares. Where a company's Articles contain such a provision either the procedure laid down must be followed or a Special Resolution passed by the members relaxing the pre-emption provisions in respect of a specific transfer(s). ... The transferor is deemed to remain the holder of the shares until the name of the transferee is entered in the Register of Members."
http://www.companyregistrations.co.uk/transfer-of-shares.asp

Chris Hopley
Netherlands
Local time: 09:35
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 84
Grading comment
Thanks, Chris. Your answer confirms my own inclination, and so far, I've heard nothing to the contrary from the client.
Notes to answerer
Asker: Thanks, Chris. I like the idea of ban or restriction on transfer. As it is, I finally asked the client what she prefers, but will not have an answer for a day or two. I will wait until then to grade answers.

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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
alienation prohibition


Explanation:
I am only confirming it. Very usual terminology in the UK. It was your own suggestion :-)

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Note added at 1 day22 hrs (2009-11-03 11:09:07 GMT)
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Alienation of shares implies an existing group of shareholders - or a closed club, as it were. The shares may be transferred within the closed club but selling them outside the closed club is alienation. So, for example, as a very simple example, let us say there are shares in a family-owned company. You might be entitled to transfer shares to your child or grandchild but if you transfer them to anyone outside the family, then that is alienation. But instead of family you could have, e.g., the original group of individuals who set up the company or - in an employee share scheme - anyone not employed within the company or its subsidiaries. So you could transfer to another employee but not to someone who is not an employee. Hope this clarifies it. Would appreciate your removing your disagree if you now agree with me.

Textpertise
United Kingdom
Local time: 08:35
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Notes to answerer
Asker: Alienation of shares makes much more sense to me than alienation prohibition, Textpertise. As it is, I'm waiting for word from the client to hear her choice/interpretation. I'll have to wait until then (may be a day or 2) before I can determine which answer is most helpful.


Peer comments on this answer (and responses from the answerer)
disagree  Chris Hopley: Zero hits for this in .co.uk. First hit on all sites is "Roman-Frisian law of the 17th and 18th century". Another is found in "Sourcebook on German law"...
1 day14 hrs
  -> 571,000 hits for "alienation of shaes", Chris. If I've typed this once, I've typed it a thousand times. These two terms have a different meaning. See larger box.
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